HomeMy WebLinkAboutcc min 1993/12/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL '
OF THE CITY OF CHULA VISTA
Tuesday, December 14, 1993 Council Chambers
6:01 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bmce M. Boogaard, City Attomey; and Vicki C.
Soderquist, Deputy City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: December 6, 1993 (Special Meeting of the City Council), and December
8, 1993 (Special Meeting of the City Council).
MSUC (Fox/Rindone) to approve the minutes of Decelnber 6, 1993 and Decesnber 8, 1993 as presented.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending Chula Vista Center "Spirit of Giving" Program - The proclamation was
presented to Ben Richardson and Donna Fancell representing the Chula Vista Center Spirit of Giving Program by
Mayor Pro Tem Hotton.
b. Proclamation commending MADD/SADD FOR THEIR EFFORTS OF INCREASING PUBLIC
AWARENESS ON THE DANGERS OF DRINKING AND DRIVING IN THE CITY - The proclamation was
presented by Mayor Pro Tem Hotton to John and Silvia Barajas, representatives of the MADD Organization and
Stephanie Maifert representing SADD.
c. Video Presentation: Oreeon State Police - DUI Special Offer
CONSENT CALENDAR
(Items pulled: 6, 7, and 20)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed unanimously with Fox and Nader voting no on Item 10A.
5. WRITTEN COMMUNICATIONS:
a. Letter suggesting the City improve the street appeal of Candy Cane Lane and Christmas Tree Circle
by designing and purchasing modified street signs and direetional and entry signs installed for the two weeks
of holiday decorations to help the thousands of visitors traditionally visiting the area - Gregory R. Cox, 647
Windsor Circle, Chula Vista, CA 91910. It is reconunended that Mr. Cox's letter be acknowledged and that he be
notified of staffs efforts to assist visitors to the community during the holiday season.
b. Letter requesting the City consent to the detachment of Assessor Parcel Number 562-323-01 and an
a~jaeent approved vacated half-width right-of-way (Fifth Avenue) and inform the Local Agency Formation
Commission (LAFCO) - W.S. Cowling II, President, Dixieline Lumber, P.O. Box 85307, San Diego, CA 92186-
5307. Staff recommends that this item be referred to Community Development and Planning staff for incorporation
into the ongoing negotiations between the City of Chula Vista and the City of National City.
Minutes
December 14, 1993
Page 2
6.A. ORDINANCE 2579 ADOPTING AN INTERIM PRE-SR-125 DEVELOPMENT IMPACT FEE
(second reading) - On 11/9/93, Council held a public hearing to amend the Eastern Area Development Impact Fee
for Streets (Trans-DIF) and establishment of an interim pre-SR-125 Development Impact Fee. Following the
hearing, Council approved both items with the condition that new fees or revised fees not be collected until 1/1/95.
Staff recommends Council place the ordinances on second reading and adoption. (Director of Public Works)
Pulled from the Consent Calendar.
B. ORDINANCE 2580 AMENDING ORDINANCE 2251 RELATING TO A TRANSPORTATION
DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITHES IN THE CITY'S
EASTERN AREA (second reading) Pulled from the Consent Calendar.
Continued to the meeting of 1/04/94.
7. ORDINANCE 2583 AMENDING ORDINANCE NUMBER 2577, REZONING THE 5.8 ACRE
PARCEL LOCATED AT THE SOUTHWEST CORNER OF THIRD AVENUE AND "J" STREET FROM
C-O, OI~}ICE COMMERCIAL AND R-I, SINGLE FAMILY RESIDENTIAL TO C-C-P, CENTRAL
COMMERCIAL, PRECISE PLAN, TO AMEND CERTAIN PRECISE PLAN STANDARDS THEREOF (first
reading) - Council set a public hearing date for 12/7/93, to reconsider the General Plan and Rezoning application
of American Stores, Inc. for 5.8 acres located at the corner of Third and "J" Street. After conducting the necessary
heating, Council voted to let their previous action approving the General Plan and rezoning stand as approved by
their vote on 11/2/93, and moved to amend the Precise Plan standards in accordance with the ordinance. Staff
recommends Council place the ordinance on first reading. (Director of Planrang) Pulled from the Consent
Calendar.
Robert Leiter, Director of Planning, stated in response to Council direction staff prepared a final ordinance for
Council action. An Exhibit to the ordinance was a response by JHK & Assec., the City's traffic consultant, to the
traffic study that was submitted by Darnell & Assoc.
Dan Mature, representing JHK & Asset., conducted a reassessment of the project in light of the issues raised In
the Damell report. He then reviewed the five issues raised and the response as contained in their report.
Councilmember Rindone stated the intersection of Fourth and "J" Streets, using the higher trip generation factor
and the current square footage of the project, operated at Level B which was more than acceptable. He was not
in favor of added traffic islands and questioned if an additional right-hand turn lane would mitigate some of the
traffic concerns for the driveway on Third Avenue.
Mr. Mature responded that was correct, the addition of the right turn only lane in the eastbound direction to proceed
southbound on Third Avenue did provide extra capacity at the intersection of "J" and Third Streets.
Mayor Nader questioned if he said that with the Level of Service B, they did not expect diversion on Garrett.
Mr. Manure stated he had meant to say Fourth and "J" Street. The issue that was raised In the Darnell Report
specifically referred to the Fourth and "J" intersection. If there was congestion on the eastbound approach, west
of the intersection of Third, the diversion of traffic eastbound on Third would have a difficult time on Garrett going
anywhere. He felt that was why the other traffic engineer felt the intersection at Fourth Street would be more
critical to affecting congestion for diversion of trips on Garrett.
Councilmember Moore statat new information was being presented and questioned what the major changes were.
Mr. Marum responded the major item that came out of the analysis was the confirmation of additional traffic control
measures being necessary at the southern driveway on Third Avenue. The traffic control measures could include
an on-site median to channelize the movements to ensure that left turns out were not allowed and also the potential
for a raised median on Third Avenue that would accomplish the same thing.
Minutes
December 14, 1993
Page 3
Councilmember Moore stated the original traffic study was based on the worse case scenario and he questioned if
the new information changed that. They were legal, meeting all of the City's thresholds, and them were no
falsehoods in the statements.
Mr. Mature stated the original traffic study did not have quite as high of a project site generation total for both the
daily and peak hours as tested under the revised analysis. It was true to say that none of the findings of the original
traffic study were contradicted by the new analysis.
Mr. Leiter stated the conditions of the ordinance provided that the additional information be reviewed at the design
review level. The additional traffic mitigation or design issues would be addressed fully at that time so them was
no nee~l for additional action by Council to implement those conclusions.
City Attorney Boogaard questioned whether American Stores was present and if they were willing to accept the
proposed mitigation recited by staff.
Pat Seun, 6565 Knott Avenue, Buena Park, CA, representing American Stores Properties, Inc., responded that they
were.
City Attorney Boogaard recommended that if the Council wished to adopt the resolution that Section I be atnended
to read in the last sentence "That the project is mitigated including the mitigation that is proposed in Exhibit
A which was now the JHK & Assoc. report of 12/13/93 hereln incorporated as part of the project has no
significant environmental effects". The proposed mitigation would be incorporated as part of the project
pursuant to the consent of Lucky Stores. 1992 should be changed to 1993 in the first paragraph.
MS (Moore/Nader) to amend the resolution as recommended by the City Attorney.
· Ken Ham, 724 Garrntt Avenue, Chula Vista, CA, representing the Garrntt Avenue residents, questioned
if the new traffic mitigation should be included in the Mitigated Negative Declaration. If so, he questioned if from
a CEQA standpoint the Mitigated Negative Declaration started today.
City Attorney Boogaard stated it was being corrected and the City would be filing the necessary Notice of
Preparation in the normal course.
Mayor Nader questioned whether it began the statute of limitations anew.
City Attorney Boogaard stated that when the City filed the NOP it would provide a thirty day statute of limitations
on the amended action which was to modify the original action. The statute of limitations on the original action
should expire in the next couple of days. There would be thirty days on the amended action after the NOP was
filed.
Mr. Ham stated he had not heard anything proposed as far as the residents giving up their right to waive any claim,
action or suit against the applicant for issuance of the rezoning. It was not part of the motion and questioned why
it was included.
City Attorney Boogaard stated Mr. Ham was referring to page 7-5, 18A. 1 of the resolution. Council did not direct
it, but he believed it was the intention of Council that if American Stores was to surrender a twenty foot easement
to the property owners they were hoping that would be a settlement of any proposed litigation and so, he had made
the requirement to offer the easement conditioned upon them accepting it and waiving any suit.
Mr. Ham stated they had discussed some options with Lucky Stores that they agreed with, but there were time
constraints. He questioned whether the Council was willing to waive any defense under statute of limitations under
the Mitigated Negative Declaration.
Mayor Nader felt he could safely say Council would not waive it, but they might discuss an extension. Ho
questioned if that was something that needed to be discussed in Closed Session.
Minutes
December 14, 1993
Page 4
Mr. Ham stated they wanted the back alley to be used for emergency vehicles only; the trucks would enter off of
Third, turn around on the back portion of the property; and the height of the store would be extended to block off
all of the delivery activity. He questioned whether Council would be willing to adopt something like that if Lucky
found it possible to do.
Mayor Nader stated that was similar to what he had asked and he had been informed there was a safety concern
regarding pedestrians intersecting with the delivery trucks on some frequent basis. He stated he would be willing
to consider their recommendation.
Mr. Ham stated they were concerned with the time frame. Mr. Seun felt it could take three to four weeks. He
was looking for some extension so that Lucky could take a look at their recommendations so they would not have
to proceed any further.
City Attorney Boogaard stated at the last meeting the Council requested that the majority of the property owners
on the east side of Garrett Avenue vote on whether they wanted the easement or not. He questioned how that came
out.
Mr. Ham stated that they pretty much did not want it.
Mayor Nader questioned if they did not want the easement with the conditions the agreement put on it or if they
did not want it at all.
Mr. Ham responded that he did not think they wanted the property.
Councilmember Moore stated Council kept extending the project and asking for certain things and he did not see
those things being brought back, Council had directed staff to send out a piece of correspondence to the residents
asking specific questions and Council was not given the answers. Mr. Ham was speaking in general and he did not
feel that meant anything. He wanted to see what those seven people wanted. The City was holding up a major
development and church group because of one individual that represented seven individuals.
Mayor Nader questioned whether the survey was done on the seven property owners adjacent to the store.
Mr. Leiter responded that it was not. It was staff's understanding the evaluation was to take place in conjunction
with the design review process. Assuming Council adopted the ordinance, staff would have followed up with that
analysis as part of the design review.
· Jerry Cricksman, 709 Garrett Avenue, Chula Vista, CA, stated he was one of the seven property owners
on the east side and he did not want the easement, did not want the alley behind him, and wanted a wall higher then
ten feet.
· Alex Murgnia, 719 Garrett Avenue, Chula Vista, CA, was not present when called to the dins. Mr. Ham
stated Mr. Murgnia owned property on the east side of Carfelt Avenue and could not stay for the meeting. He had
not received notice regarding any of the meetings held.
Mayor Nader requested that staff check into notices sent to Mr. Murgnia.
VOTE ON MOTION: approved unanimously.
MSUC (Nader/Fox) to trail the balance of the item to follow Closed Session on the advice of the City
Attorney.
City Attorney Boogaard requested a 4/5th's vote because the matter arose after the preparation of the agenda.
MSUC CNader/Fox) to find that the matter of potential litigation arose after the preparation of the ageada
and as a matter or urgency should he discussed in Closed Session.
Minutes
December 14, 1993
Page 5
· Pat Michaels, 303 Via Bissolotti, Chula Vista, CA, speaking as a citizen of Chula Vista and a member of
the First United Methodist Church, stated it was time to "fish or cut bait' as they had reached the point of no
return. Some of the members of the Church were willing and may have to file suit against the Garsett Avenuo
neighbors for the Church's losses. She urged Council to come to a positive decision. They had plans to closo
escrow on Wednesday and it was urgent that they be able to do so. They had waited long enough.
Mr. Senn questioned whether Council would be making a decision after their deliberations in Closed Session.
Mayor Nader stated Council would listen to the City Attorney's advice and hoped Council would make a decision.
MSUC (Rindoneatorton) to a~ourn to Closed Session to discuss the specific item and then return to hear
the balance of the items as approved by Coundl.
* * * Coundl met in Closed Session at 11:14 p.m. and reconvened at 11:30 p.m. * * *
City Attorney Boogaard stated it was his recommendation that Council adopt Ordinance 2583 and grant the Garrett
Avenue residents thirty days extension of the statute of limitations in which to file a CEQA action, that would be
thirty days from 12/14/93, and to encourage Lucky's and the Garrett Avenue residents, along with the assistance
of staff in the City Attorney's office, to meet and confer and negotiate on a proposed possible settlement in that
thirty day period.
MS (Fox/Nader) Council adopt Ordinance 2583 and grant the Garcett Avenue residents thirty days extension
of the statute of limitations in which to file a CEQA action, that would be thirty days from 12/14/93, and to
encourage Lucky's and the Garrett Avenue residents, along with the assistance of staff in the City Attorney's
office, to meet and confer and negotiate on a proposed possible settlement in that thirty day period.
AMENDMENT: (Nader/Moore) to amend the provision in the ordinance to tie the easement to the act~
operation of the project and not to the waiving of legal rights. Motion failed 2-3 with Fox, Horton, and
Rindone opposed.
VOTE ON MAIN MOTION: (FoxFNader) approved unaulmonsly.
ORDINANCE 2583, AS AMENDED, PLACED ON FIRST READING BY MAYOR NADER, reading of the
text was waived, passed and approved unanimously.
8. RESOLUTION 17330 ACCEPTING FEDERAL LlBRARY SERVICES AND CONSTRUCTION
ACT GRANT FUNDS FOR THE CONTINUATION OF SPECIFIC LIBRARY REFERENCE RESOURCES,
APPROPRIATING FUNDS AND AMENDING THE FISCAL YEAR 1993/94 BUDGET - For the fourth
consecutive year the California State Library has approved the Chula Vista Public Library's application for Major
Urban Resource Library (MURL) funds. The Fiscal Year 1993/94 grant amount is $11,615. The funds will
purchase Business Collection, a microfilm product of nearly 400 business journals and enhance the career and job
seeking materials collection. Staff recommends approval of the resolution. (Library Director) 4/Sth's vote
required.
9. RESOLUTION 17331 ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION
ACT (LSCA) FUNDS FOR THE PURCHASE OF BOOKS AND MATERIALS TO SERVICE SPANISH-
SPEAKING IMMIGRANTS, APPROPRIATING FUNDS AND AMENDING THE FISCAL YEAR 1993/94
BUDGET - The State Librarian has made available Federal Library Services and Construction Act (LSCA) funds
to develop a program to improve service to immigrant populations. This is the second year the Castle Park Library
has been awarded grant funds which will be used to purchase approximately 700 books and other materials to serve
Spanish speaking immigrants. Staff recommends approval of the resolution. (Library Director) 4/Sth's vote
required.
Minutes
December 14, 1993
Page 6
10.A. RESOLIfrION 17308 RECERTIFYEqG TIlE FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT (FPER ~0-01) FOR THE OTAY RANCH PROJECT; AMENDING THE GENERAL PLAN OF
THE CITY FOR THE 161 ACRE EASTLAKE LAND SWAP; MAKING CERTAIN FINDINGS OF FACT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; READOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM; READOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS - The applicant is proposing to amend the General Plan as part of the Otay Ranch Project
for 161 acres located south and west of EastLake Greens from Low-Medium Residential Medium Residential, and
Public/Quasi-Public to Low-Medium Residential, Medium-High Residential, High Residential, Professional and
Administrative, and Retail Commercial designations. In addition, the applicant is also proposing as a separate but
companion request, an amendment of 74 acres within the existing EastLake Greens community from Low-Medium
Residential and Public/Quasi-Public designations. Staff recommends approval of the resolutions. (Director of
Planning) Continued from the 12/7/93 meeting.
Mayor Nader and Councilmember Fox stated they would record a no vote on 10A as it reincorporated CEQA
findings that they had previously voted against.
B. RESOLUTION 17309 AMENDING THE GENERAL PLAN FOR 74 ACRES LOCATED WITHIN
THE EASTLAKE GREENS COMMUNITY, SOUTH OF EASTLAKE HIGH SCHOOL AND ON BOTH
SIDES OF THE EXTENSION OF EASTLAKE PARKWAY
11. RESOLUTION 17332 APPROVING A BOUNDARY LOT ADJUSTMENT AT 1700 HORSESHOE
COURT IN THE BONITA LONG CANYON DEVELOPMENT; AND AUTHORIZING THE MAYOR TO
EXECUTE GRANT DEEDS - Westar Land Services, Inc. has requested a boundary lot adjustment at 1700
Horseshoe Court for the purpose of correcting an illegal encroachment on City-dedicated open space land (Open
Space District Number 14). The intent of the report is to consider possible options to resolve the encroachment.
Staff recommends Council: (1) Approve staff recommended Option Number 2, whereby an illegal encroachment
on open space land will be removed by exchanging for an equal amount of property by the property owner; and (2)
Approve the resolution. (Director of Parks and Recreation and Director of Public Works)
12. RESOLUTION 17333 AUTHORIZING THE INSTALLATION OF TEMPORARY OVERHEAD
FACILITIES WITHIN UTILITY UNDERGROUNDING DISTRICT NUMBER 124, OTAY VALLEY ROAD
BETWEEN OLEANDER AND NIRVANA AVENUES On 6/30/92, Council approved establishing Utility
Undergrounding District Number 124 on Otay Valley Road from Oleander Avenue to Nirvana Avenue. The
resolution grants special permission to the developers of the Auto Park to install overhead electrical facilities within
the boundaries of said district. Staff recommends approval of the resolution. (Director of Public Works)
13. RESOLUTION 17334 AMENDING SCHEDULE H, SECTION 10.52.030 OF THE MUNICIPAL
CODE RELATING TO THE SPECIAL STOPS REQUIRED - THROUGH STREETS AND STOP
INTERSECTIONS - CALLE SANTIAGO - In response to concerns from area residents regarding the recent
eceident history, and in anticipation of the future connection of Calle Santiago through to Paseo Ranthero, on
10/27/92, a Trial Traffic Regulation was initiated establishing stop signs at various locations. Staff recommends
approval of the resolution. (Director of Public Works)
14. RESOLUTION 17335 AMENDING SCHEDULE H, SECTION 10.52.030 OF THE MUNICIPAL
CODE RELATING TO THE SPECIAL STOPS REQUIRED - THROUGH STREETS AND STOP
INTERSECTIONS - 600 BLOCK OF SIERRA WAY - In response to concerns from area residents regarding
the recent accident history, and the recent reconstruction of Sierra Way which removed all of the cross gutters along
Sierra Way, on 12/15/92, a Trial Traffic Regulation was initiated establishing stop signs at various locations. Staff
recommends approval of the resolution. (Director of Public Works)
Minut~
December 14, 1993
Page 7
15. RESOLUTION 17336 AMENDING SCHEDULE Ill, SECTION 10.52.280 OF THE MUNICIPAL
CODE RELATING TO PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS - "E" STREET
FROM FIRST AVENUE TO EAST FLOWER STREET -On 9/8/92, a Trial Traffic Regulation to establish the
prohibition of parking on "E" Street from First Avenue to Boulta Road/East Flower Street was implemented
pursuant to the provisions of Section 10.12.030 of the Municipal Code. Signs indicating the restriction were
installed on 2/5/93. Staff recommends approval of the resolution. (Director of Public Works)
16. RESOLUTION 17337 ACCEPTING BlDS AND AWARDING CONTRACT FOR THE
CONSTRUCTION OF STORM DRAIN CHANNEL REPAIRS IN TELEGRAPH CANYON CHANNEL
FROM PASEO DEL REY TO APPROXIMATELY 350 FEET EASTERLY IN THE CITY - On 12/1/93,
sealed bids were received for the storm drain channel repair in Telegraph Canyon Channel from Paseo del Rey to
approximately 350 feet easterly in the City. The work to be done involves the removal and replacement of
approximately 6,300 square feet of reinforced concrete channel that was cracked, buckled, and uplifted during past
winters. Staff recommends Council approve the resolution accepting bids and awarding contract to Marquaz
Construction, Inc. in the amount of $45,960. (Director of Public Works)
17. RESOLUTION 17338 APPROPRIATING $16,548 FROM THE FEDERAL DISASTER
ASSISTANCE FUND (FUND 601), AUTHORIZING EXPENDITURE OF $441 FROM THE GENERAL
FUND, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE GRADING RESTORATION AND
SILT REMOVAL OF BONITA LONG CANYON DAM IN THE CITY - On 12/6/93, sealed bids were received
for the construction of "Grading Restoration and Silt Removal of Bonita Long Canyon Dam." The work to be done
consists of silt removal, grading, cleaning, grubbing, protection and restoration of existing improvements upstream
of the Bonita Long Canyon Dam. The work is mandated by the State Division of Mines and Dams (Departat
of Water Resources) to protect the integrity of the dam. Staff recommends approval of the resolution and awarding
contract to Fill Dirt, Inc. DBA Roberrs Earthmoving. (Director of Public Works) 4/Sth's vote required.
18. REPORT RATIFYING AN APPLICATION FOR FEDERAL DEPARTMENT OF
EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT, LSCA, TITLE VI, LIBRARY
LITERACY PROGRAM GRANT FUNDS TO DEVELOP AND IMPLEMENT A MODEL PROGRAM TO
AID ADULT LEARNERS WITH DYSLEXIA - The Chula Vista Literacy Team has applied for $34,720 in grant
funds from the LSCA, Title VI, Library Literacy Program to develop and implement a model program to deal with
the identification and remediation of adult learners with dyslexia, during Federal Fiscal Year 1994/95. If awarded,
the funds cannot be used to supplant the current volunteer tutor reading program. Staff recommends Council accept
the report and ratify the application for Title VI, Library Literacy grant funds. (Library Director)
19. REPORT RATIFYING AN APPLICATION FOR FEDERAL DEPARTMENT OF
EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT, LSCA, TITLE VI, LIBRARY
LII'ERACY PROGRAM GRANT FUNDS TO CONTINUE A MODEL WRITING PROGRAM FOR ADULT
LEARNERS IN FISCAL YEAR 1994/95 - The Chula Vista Literacy Team has applied for $34,986 in grant funds
under the LSCA, Title VI, Library Literacy Program to continue its Model Writing Program for adult learners in
Federal Fiscal Year 1994/95. If awarded, the funds cannot be used to supplant the current volunteer tutor reading
program. Staff recommends Council accept the report and ratify the application for Title VI, Library Literacy grant
funds. (Library Director)
20. REPORT REQUEST TO CONDUCT MOTORCYCLE EVENT - The Chief Executive
Officer of South Coast Harley Davidson is requesting permission to conduct a special event, The 1993 Tijuana Toy
Run, on Sunday, 12/19/93. The event will involve temporary street closures on Glover, Garrett, and Landis
Avenues, and on "D" and "E" Streets. Street closures will vary in length from several minutes to approximately
three hours. Staff recommends Council accept the report and approve the request subject to staff conditions.
(Director of Parks and Recreation) Pulled from the Consent Calendar.
Minutes
December 14, 1993
Page 8
Councilmember Rindone questioned how the event would impact the other businesses regarding access.
Jess Valenzuela, Director of Parks and Recreation, responded he was not aware that other businesses were impacted
during last years event. They were required to notice all of the businesses that could be affected by the event. Staff
would also work with the Police Department to see that businesses in the area would not be adversely affected.
MSUC (Nader/Fox) to approve the staff recommendation.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
21. PUBLIC HEARING TO CONSIDER ABATEMENT OF THE TRANSIENT OCCUPANCY TAX -
In 1990 Council established a maximum Transient Occupancy Tax (TOT) rate of ten percent and provided for
annual abatement hearings at which time the maximum tax could be lowered. In each subsequent year, Council has
abated the TOT rate to eight percent, the same rate it has been since 1978. The purpose of the hearing is to hold
the annual abatement hearing to consider maintaining the TOT rate at eight percent. Staff recommends approval
of the resolution. (Director of Finance)
RESOLUTION 17339 APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX
FROM A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CALENDAR YEAR 1994
Councilmember Rindone questioned what staffs recommendation was, i.e. 8 % or 9 %.
John Goss, City Manager, responded the recommendation was to go with the 8%. Under different economic )
conditions they might have recommended going with the 9% as he felt there was a justification from that
perspective, but staff also felt that given the current economy that would be potentially damaging to some of the
businesses In the City. Staff felt there was a competitive advantage with that rate with the other cities in the
Southbay and could help to keep business up in the City.
This being the time and place as advertised, the public hearing was declared open.
· Betty Chow, representing the Travelodge on Broadway and "G" Street, felt any increase would have an
impact and would show in later years. The people that patronized the hotels/motels were not necessarily tourists
or from out of town, many were people within the community or relatives visiting. Eight percent would allow them
to compete.
There being no further public testimony, the public hearing was closed.
RESOLUTION 17339 Olq~'ERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
22. PUBLIC HEARING COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) -
The National Affordable Housing Act of 1990 requires all jurisdictions applying for funding from the Department
of Housing and Urban Development to submit a CHAS. The CHAS is a planning document which identifies the
City's housing needs and outlines a strategy to meet the needs. Staff racommenda Council accept the report.
(Director of Community Development) Continued from the meeting of 10/19/93.
RESOLUTION 17340 ADOPTING THE 1994-1999 COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY (CHAS) AND AUTHORIZING SUBMITTING THE COMPREHENSIVE
HOUSING AFFORDABILITY STRATEGY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Minutes
December 14, 1993
Page 9
Juan Arroyo, Housing Coordinator, stated the Housing Advisory Committee had reviewed the document and
recommended approval.
Mayor Nader questioned if the proposed strategy left the current low/moderate income housing requirements for
new development. He further questioned if there was an estimated date for the Community Investment Act Strategy
would be before Council.
Mr. Arroyo responded that was corroct.
Robert Leiter, Director of Planning, responded that he would deliver a report to Council at their next meeting. It
was an on-going work item, but he could not tell them the status.
Councilmember Hotton stated that as a member of that committee, they had not met in over a year. The reason
for that was because staff did not have time to work on the item. With the additional staff hired over the last few
months, it was her understanding they had been directed to look into the issue. A survey had been done over one
year ago, but the results had not been analyzed. There was no direction for the committee and felt staff presence
would be needed.
Mr. Leiter responded that staff could convene the subcommittee early in January. A consultant had worked on the
item and he would like to give Council a report regarding that information.
Mayor Nader stated he would like to see some type of timetable as part of the Housing Affordability Strategy for
adopting the CRA plan in conjunctions with the lending institutions. What he really was looking for was a tight,
but feasible time frame to adopt. He questioned if it could be done by March.
Mr. Leiter stated a March date was probably more time than needed.
This being the time and place as advertised, the public hearing was doelured open. There being no public testimony,
the public hearing was declared closed.
RESOLUTION 17340 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived.
Mayor Nader questioned if comments from the non-profit groups were included anywhere within the report.
Mr. Martinez stated there was a summary of public comments at the back of the document, page 83.
VOTE ON RESOLUTION 17340: approved unanimously.
23. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-94-09; APPEAL FROM TI~
DECISION OF THE PLANNING COMMISSION TO APPROVE A REQUEST BY CONVENANT
CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL FOR GRADES K-12 AT 2400 PENTON
STREET, IN THE EASTLAKE BUSINESS CENTER - BONITA COUNTRY DAY SCHOOL - On 10/27/93,
the Planning Commission voted 5-2 to approve Conditional Use Permit PCC-94-09 and allow the operation of a
private day school (Covenant Christian School), at 2400 Fenton Street for a period of five years. On 11/11/93,
Bonita Country Day School appealed the Planning Commission's decision. On 12/7/93, Council considered the
item, took public testimony, and continued the matter for one week to allow Covenant Christian additional time to
attempt to: (1) resolve the concerns of Bointa Country Day School regarding shared use of the facility; and (2)
secure the use of Scobee Park for a period of five years rather than the present agreement calling for two years of
use. Staff recommends approval of the mselution. (Director of Planning) Continued from the meeting of
12/7/93.
RESOLUTION 17325 DENYING THE APPEAL OF THE DECISION OF THE PLANNING
COMMISSION AND ISSUE CONDITIONAL USE PERMIT PCC-04-09 TO USE 2400 PENTON IN THE
EASTLAKE BUSINESS CENTER AS A PRIVATE SCHOOL FOR A PERIOD OF FIVE YEARS
Minutes
December 14, 1993
Page 10
Robert Leiter, Director of Planning, stated he had received a letter from EastLake Business Park Association with
regard to the issue of Scobee Park. They reaffirmed their understanding that the Business Owners Association,
while they had not formally agreed to go beyond a two year use of the park for recreation, he did not foresee a
problem at having it extended at some future date. They also made note of environmental review requirements that
pertained to industrial developments near schools, day care centers, and other sensitive uses. They noted that in
the City's review of the Bio Teeh Zone concept the City had determined that there were some procedures that new
industrial uses needed to go through to evaluate hazardous materials near those types of uses that did require
additional reports and review and, in some instances, could be very costly. That did not say that those uses could
not be permitted in those locations, but that there was an additional regalstory review involved. Staff did confirm
the information with the County Department of Health Services.
Councilmember Moore questioned if there was a continuation of the industrial zoning to the east of the present site.
Steven Griffin, Senior Planner, responded the GDP for EastLake III showed an extension of the business center to
the east.
This being the time and place as advertised, the public hearing was declared open.
· Gordon E. Dunfee, 6480 Weathers Place ~e220, San Diego, CA, representing California Land Associates,
ownership entity for the subject property, stated they came to the City in July for a CUP for Covenant Christian
School. They felt they had gone out of their way to address the outstanding issues from the last meeting and there
was a draft agreement. EastLake had issued a letter reciting the fact that they did not believe there would be a
problem in extending the agreement to five years and there was a backup plan to use their existing campus if
necessary. He formally requested Council consider approval of the CUP for five years. A two year lease for
business and financial reasons was not workable and a two year CUP would be a "death blow" to the deal.
Councilmember Fox questioned if a five year CUP was conditioned upon getting an extension for Scobee Park for
an additional three years, or providing other acceptable recreation somewhere else, if it could be worked out with
the tenant.
Mr. Dunfee responded the off-site recreational facilities were available currently and therefore it would be
acceptable.
· Greg Cox, 3130 Bonita Road, Suite 200, Bonita Road, Chula Vista, CA, representing California Land
Associates, distributed a proposed site plan. Under direction by Council they had set up a meeting with staff, Mark
Dolan, and Mr. & Mrs. Catanzaro and as a result they had prepared a draft agreement which he felt had substantial
agreement by all parties. The hours of operation, use of Scobee Park, drop-off and pick-up points of the students,
signage, parking, building security, and access points had been agreed upon by beth parties. The landlord had
agreed to negotiate, in good faith, a lease with Boulta Country Day for the downstairs classroom space allocated
in the southeast comer of the building. He hoped Council would take action to sustain the decision of the Planning
Commission.
Councilmember Fox stated the resolution appeared to be in conflict with the information presented. Page 23-6, Item
3, second to last sentence indicated they had recreational facilities for the duration of the permit. He suggested they
grant the five year permit contingent upon Scobee Park or some other recreational facility being available for the
five years.
City Attorney Booguard stated that language was an oversight from the Phnning Commission resolution
which contemplated a two year period. He recommended that the sentence be changed to read "recreational
and physical educational facilities are available" instead of reading "have been obtained".
· Mark Dolan, 505 E. Naples Street, Chula Vista, CA, Headmaster, Covenant Christian School, presented
Council with a letter from the Orthodox Presbyterian Church, which stated they extended an invitation and/or allow
them to resume at some future date the use of their two acre playground for physical education facilities. There
was no express time limit in the offer and it included the next five years during which time all or part of the student
body would be meeting for classes at 2400 Fenton Street. There would be no charge to the school for the use of
Minutes
December 14, 1993
Page 11
the playground facilities and CCS would be responsible to the transportation of students. CCS needed the five year
CUP to justify the disruption of the move and the necessary costs for tenant improvements. They had plans sinc.~
last July to move the elementary campus to the site and it was distressing to them that it had been delayed until
almost the end for the first term of school. They did not prefer moving mid-term, but felt they had no alternative.
EastLake and the tenants did not oppose the five year term and the Planning Commission did not feel there was a
real conflict between the school and the businesses. He felt both schools could live together peacefully and care
for the safety and general welfare of the students.
Councilmember Fox questioned how they would transport students for recreational purposes. He questioned if they
were currently using the gym at the Boys and Girls Club.
Mr. Dolan responded they contract~l with a company to provide the service. They were using the gym and he
believed that if there had been a little more time he would have received a similar letter from the Boys and Girls
Club regarding the five year use.
Councilmember Horton questioned whether it would take a lot of time out of the students schedule to transport them
to a recreational facility.
Mr. Dolaa responded it was five miles and seven minutes of actual driving time which he did not believe would
be a problem for the students or the parents.
· Paul Catanzaro, 372 Camino Elevado, Bonita, representing Bonita Country Day School, felt the meetings
had been productive. In most areas they had reached an agreement which he felt would limit exposure with the
children, but he still believed that two schools in the same building was not a good idea for reasons he had statod
before. He was very concerned over how crucial it was they have downstairs classroom space due to legal
requirements. He felt staff's recommendation for a two year CUP was based on experience and knowledge. Mr.
Stephenson of EastLake Development had told him that he had polled the members of the association and they had
said "no" and that he was not intending to go back to them and ask again.
There being no further public testimony, the public hearing was declared closed.
Councilmember Moore questioned if the Planning Commission was aware of the requirement for additional studies
for facilities producing toxic materials within 1,000 feet of school and/or health care facilities.
Mr. Leiter responded they were not. The information came out of research staff had done for the Bio Tech Task
Force.
® William Tuehscher, Member of the Planning Commission and Economic Development Commission, stated
the information was not before the Planning Commission during their deliberations and he could not make ·
representation on how the Commission would have reacted. It clearly put an additional constraint on the
undeveloped parcels in the area. As the Chair of the EDC and involved on the Subcommittee for the Bio Tech
Zone, it was a concern from that perspective and it would have an effect regarding to timing.
Councilmember Horton stated she was concerned with the displacement of students and was glad the two schools
had worked some of the mechanics out. She was now concerned with the information presented at the meeting,
She was a member of the Bio Tech Subcommittee and they had been working diligently to come up with a program
that would make Chula Vista competitive in trying to attract that type of industry and specifically manufacturing.
She felt with the information presented, the City was in the position of taking advantage of attracting those
businesses to the City which would provide higher paying jobs for the citizens. Therefore, she could not support
a five year CUP. If the City was not able to get the program going as she envisioned, she would consider
approving a two year CUP and reconsidering it after that time.
Mayor Nader stated he agreed with the concerns expressed, but the most disturbing issue was that a key issue for
the City's economic development and jobs future was spotted at the last minute. That not only pertained to the High
Tech/Bio Tech Zone but also to the Kaiser facility. He had been told that the new facility was within the legal
Minutes
December 14, 1993
Page 12
radius that would trigger the issues raised in the staff report. He suspected the Planning Commission would change
their recommendation had they been presented the information at the time of their deliberations.
Mr. Lgiter stated the Kaiser Medical facility was to the west and would not be included in that requirement.
MS (lionon/Fox) to amend Resolution 17325 to reflect a two year, rather than a five year term.
AMENDMENT TO MOTION: (Moore, agreeable to the Maker and Second of the Motion) amend Resolution
17325 to include a condition for considering an extension prior to an eighteenth month period depending on
the demand for sites within EastLake Industrial Park that would trigger expensive and time consuming
studies.
Councilmember Rindone stated with the new information presented the length of the CUP was at question. As an
educator it was not a practice to promote changing facilities in the middle of the year and a two year CUP would
disrupt another school year. They had also heard testimony that anything less than five years would terminate the
deal. There was the possibility that the Bio-Med field might not be at the level they hoped that it would be and he
felt it would be reasonable to allow sufficient time to allow the costs to be amortized.
SUBSTITUTE MOTION: (Rindone) to incorporate the motion on the floor but to extend the CUP through
Jane 30, 1997 for a total of 3 1/2 years. Motion died for lack of second.
SUBSTITUTE MOTION: (Rindone, agreed to by the Maker and Second of the Motion) to incorporate the
motion on the floor but to extend the CUP through June 30, 1996 for a total of 2 1/2 years. Approved
annanimonsly.
RESOLUTION 17325 OIq~'ERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
24. PUBLIC HEARING PCA-93-01 CONSIDERATION AND ADDITIONS TO AND AMENDMENTS
OF PORTIONS OF TITLE 19 OF THE MUNICIPAL CODE TO ALLOW AUCTIONS SUBJECT TO
APPROVAL OF A CUP IN THE I-P (GENERAL INDUSTRIAL/PRECISE PLAN) ZONE - The project is a
City-initiated text amendment to portions of the zoning ordinance to allow auctioning of vehicles, heavy machinery,
and equipment upon issuance of a Conditional Use Permit. Staff recommends Council place the ordinance on first
reading. (Director of Planning)
ORDINANCE 2584 AMENDING TITLE 19 OF THE MUNICIPAL CODE TO ADD SECTION
19.04.050 AND 19.58.050 AND AMENDING SECTIONS 19.46.040, 19.58.070 AND 19.62.050 IN ORDER
TO ALLOW AUCTIONS SUBJECT TO APPROVAL OF THE CUP IN THE I-P (GENERAL
INDUSTRIAL/PRECISE PLAN) ZONE (tirst reading)
Robert Leiter, Director of Planning, stated staff recommended the item be continued to the meeting of 1/11/94.
One of the property owners affected by the proposed action requested additional analysis of issues.
Mayor Nader stated he had two areas of concern he wanted to see addressed before the January meeting: 1) why
require a CUP in an industrial zone; and 2) whether there were other uses that the City may want to allow with a
CUP or as a matter of right that the current code did not allow in an industrial zone.
MSUC (Nader/Moore) to continue the public hearing to 1/11/94.
ORAL COMMUNICATIONS
· Fred Schaaubalt, 2728 Adams Avenue, San Diego, CA, 25% owner of the commercial center on 1010
Broadway, stated they had been struggling for seven years with the City and between the street beautification project
and the increase in the sewer charges the tenants could no longer survive and neither could they. In five years, the
Minutes
December 14, 1993
Page 13
sewer charge at the center had gone from 0 to $6,800/year. That had created a problem end five of the seven
tenants had stopped paying rent as of last month. The beauti~cation project had disrupted commerce coming into
and out of the center end one tenants business was down over 7595. He then reviewed the problems he had
encountered with the City over the last seven years. They had now lost over $600,000. He felt Council should
consider setting aside monies in the future to help small businesses survive beautification.
Mayor Nader stated the only reason he had voted for the beauti~eation project was because the business association
told Council they wented it as they felt it would improve business. He felt that was a decision they were perhaps
more qualified to make as a business person. He questioned why sewer rates were going up when Council rejected
a sewer rate increase for the current year.
City Menager Goss stated it was hard to tell, if it was covered by the former Montgomery area, there was a period
where they equalized the rates.
Mr. Schnaubelt stated it was his undemtanding the property was annexed to the City approximately five years ago
and the sewer tax was put on the property tax bill as opposed to individual users. The leases did not provide for
a pass-through to the major generators.
John Lippitt, Director of Public Works, stated if it was on the tax bills they would have just gotten their tax bills
in November end they used the basis of last year's usage to calculate the amount. The rate per gallon/cubic feet
did not go up for the current year. Staff would have to check the usage and find out exactly why it did go up.
Mayor Nader stated Council had made it's policy direction very clear to staff in terms of saying what they wented
the policy to be. Eighty percent of the problems encountered by Mr. Schnaubelt should not have happened if staff
understood that they worked for the democratically elected officials of the City. If staff felt the law a previous
Council enacted was not consistent with those policies, staff should come back with new laws for Council to
consider adopting.
City Menager Goss stated his sense was that staff did understand. Several of the problems were also several years
old. Staff would take a look at each one of the specific instances end then he could give Council en idea as to
whether they were processing them or not.
Councilmember Moore stated the beauti~cation was originally set up so that the Broadway Association, from
to "I" Streets, had the leadman on the site come in end brief them. The Association did not carry that eny further
then "I" Street. Now there was a less complicated project that seemed to be taking a lot longer. He felt that was
the weakness in the project.
Mr. Schnaublet stated the staff end counter people had been extraordinary to work with. They had appealed the
water charges through Sweetwater and they reduced them $900/month and did a recomputation of how the water
was assessed for the laundry. They were not currently paying the sewer charge or property taxes. The tax assessor
had dropped the value of the property by $68,000 which was 10% CAP rate of the sewer fee and another $700,000
because of the general economic decline. Beauti~cation was good for everyone, but the project had gone on for
too long.
MS (Nader/Fox) to refer to staff to: 1) look into the sewer billing of businesses within the last several months
and determine what increase had been inadvertently billed and if it had been, in some or all cases, to devdol~
a procedure for refunding any overcharges; 2) look specifically at Mr. Schnaubelt's center in terms of
whether some adjustment was called for because of the laundromat or whatever reason; 3) report to Council
on the reason for the length of time the Broadway Beautification Project had taken and any implications that
could have on the acceptability on the contractors work; and 4) bring hack a recommendations on how the
City could ensure that small business people were being given accurate information when making zoning
applications or inquiries and know who to go to if they had questions as to the accuracy of the information
they received.
Minutes
December 14, 1993
Page 14
Councilmember Rindone recommended that due to the urgency that it not come back any later than the
second week in January. Incorporated into the motion by the Maker and Second of the Motion.
Councilmember Moore questioned if there was any objection to a memorandum report. He felt staff should
follow-up on the previous Council motion for weekly follow-up on the beautification project and requested
a report. Agreed to by the Maker and Second of the Motion.
Councilmember Rindone stated he would focus on the cooperation for access of driveways to the businesses, then
length, time, etc.
VOTE ON MOTION: approved unanimously.
s Tony Castillo, 721 Esla Drive, Chula Vista, CA, representing Bayona Homes (Rancho del Rey), stated on
12/8/93 they had been informed by McMillin that the rest of the Bayona project had been sold to another developer.
Them were only forty houses currently in the project and the major problem was that they were all in one style and
the new development would be a completely different style. They filed a grievance with the Planning Commission
and hoped Council would intercede on their behalf.
Robert Leiter, Director of Planning, stated the item was not scheduled before the Planning Commission, it was
before the Zoning Administrator for administrative review. If them was a concern regarding the time the meeting
was set staff could mschedule the item. The public had the right to address the Zoning Administrator.
Councilmember Moore questioned whether that would come under the City/Developer agreement or if it would be
under the Developer/Home Buyers agreement.
City Attorney Booguard stated it was a planned community and had planned community standards.
Mr. Leiter stated that was correct. The site plan architectural review was being processed which was an amendment
to a previously approved site plan. Staff would contact Mr. Castillo regarding the process so public input could
be obtained.
Mayor Nader requested that Mr. Leiter meet with Mr. Castillo and Mr. Frank Montanez, 737 Esla Drive, to review
the process. He further suggested that an information item be forwarded to Council regarding any decisions made
by the Zoning Administrator or Planning Commission regarding the issue. He requested that his office staff also
flag any item that came through his office.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
25. RESOLUTION 17319 AUTHORIZING ISSUANCE OF BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $18,000,000 TO REFINANCE THE OUTSTANDING
OBLIGATIONS OF THE CITY TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM -
Staff recommends approval of the resolution. (Administration) Continued from the meeting of 11123193.
Councilmember Fox stated the resolution did not specify the interest rate and questioned what protection the City
had that they would still realize the same savings as mentioned in the staff report.
Lyman Christopher, Director of Finance, stated the rates used were always projections and subject to change due
to the market conditions. The projection was what staff felt was a reasonable rate at the current time but was
subject to change. Therefore, staff could not commit or guarantee what the interest rate would be. Staff was asking
to move forward with the validation process to ensure that the City had the legal ability to issue bonds which was
Minutes
December 14, 1993
Page 15
a process that took about two months. Staff would be doing further evaluation and a more detailed analysis of tho
proposal and then come back to Council with a recommendation for Council review. Staff would then have a fairly
good indication of what the interest rates would be and the savings realized by the City.
Councilmember Rindone stated he was concerned that the balance of the shortfall was in excess of $16 million and
questioned how the City allowed their contribution to the PERS system to be on such a shortfall. He further
questioned why staff wailed so long to address it.
Mr. Christopher responded that it was being addressed, the City was paying off the unfunded liability over several
years. That was included in the annual rates that were set by PERS,
Sid Morris, Assistant City Manager, responded that the bond market had only r~cenfly come into a position where
the City could take advantage of the sale of the Pension Obligation Bonds that would allow the City to gain a bett~
interest rate than previously charged by PERS.
Councilmember Rindone stated the bond market was under 5 % and was perplexed at the estimate of 6.5 %.
Mr. Christopher stated it was a taxable rate. Normally the types of issues the City did were non-taxable and
therefore carried a lower interest rate than the private sector. It was their understanding that on that typo of bond
they would have to issue taxable bonds. A taxable bond issue carried a higher interest rate than the tax exempt
bonds.
Councilmember Rindone questioned if the City was precluded from the municipal bonds.
Mr. Christopher responded that bond counsel was looking at that along with a portion of the amount of the unfunded
liability that could be funded by tax exempt bonds with the balance being done through a taxable bond issue.
RESOLUTION 17319 O/~ERED BY MAYOR NADER, reading of the text was waived.
City Attorney Boogaard stated the procedure always followed was to bring it back to Council for approval. If
Council felt more comfortable it could be amended to say ". . . staff is authorized subject to final review and approval
by the City Council prior to sale to issue bonds payable from the General Fund".
MOTION: (Rindone as agreed to by Mayor Nader) to amend the resolution to include ".... staff is authorized
subject to final approval by the City Council prior to sale to issue bonds payable from the General Fund".
VOTE ON RESOLUTION, AS AMENDED: approved unanimously.
26. RESOLUTION 17341 MODIFICATION TO FIRST IMPLEMENTATION AGREEMENT FOR
RANCHO DEL REY COMMERCIAL CENTER ON EAST "H" STREET - The purpose of this item is to
clarify certain provisions of the agreement for Rancho del Rey as to the phasing of public improvements on East
"H" Street. Staff recommends approving the first implementation agreement to allow for revised phasing of the
public improvements on East "H" Street. (Deputy City Manager Krempl)
RESOLUTION 17341 OI'IFERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
27. RESOLUTION 17342 SELECTING THE CASTLE PARK "B" AREA AS THE NEXT TARGET
NEIGHBORHOOD FOR THE IMPLEMENTATION OF THE NEIGHBORHOOD REVITALIZATION
PROGRAM AND REVISING THE NEIGHBORHOOD REVITALIZATION PROGRAM POLICY
STATEMENT REDUCING THE DURATION OF THE IMPLEMENTATION PERIOD FROM FIVE YEARS
TO THREE YEARS - On 11/2/93, Council approved a report outlining the process for the selection of the next
target neighborhood for the implementation of the Neighborhood Revitalization Program (NRP). Part of the
selection process approved by Council was the classification of two neighborhoods (Castle Park "B" and Woodlawn
Minutes
December 14, 1993
Page 16
Park) as candidates for the program. Council directed staff to hold meetings in the two neighborhoods and, based
on the response from the residents and the other criteria used in the selection process, recommend one of the
neighborhoods for implementation of the program. Staff was also directed to change the duration of the program
from five to three years. Staff recommends approval of the resolution. (Director of Community Development)
Mayor Nader questioned what the "vocal opposition' in the Castle Park B area was. He wanted to put it into a
neighborhood where there was a majority of the residents behind the program and not be intrusive or unwanted.
Ch~s Salomone, Director of Community Development, responded there was overwhelming support for the project.
During the meetings there were concerns raised over a number of issues that were not necessarily part of the
program. There were also a number of volunteers that offered to serve on the commlt~e.
Mayor Nader questioned what mechanism would be used to ensure that any interested resident had a way of keeping
informed of the progress of the program and to give input into the implementation program.
Mr. Salomone stated they would follow part of the successful model of the Otay Town Committee which developed
a newsletter that would circulate to the residents. In addition, staff would hold public meetings monthly.
Councilmember Fox hoped the community would be called something other than Castle Park B. He had hoped that
Woodlawn Park would have been chosen because the needs were so much greater there than anywhere else in the
City. He was pleased that staff would come back with alternatives to the problems in that area. When he was on
the Montgomery PAC they had talked about doing a study for the Woodlawn area due to the numerous problems
and questioned if it had ever been done. He questioned when the report from staff on the Woodlawn Park area
would come before Council.
Mr. Salomone responded that the report would be coming to Council within a month from the Engineering
Department. Staff would also continue to address the issues that were identified in the meeting within that
community, i .e. code enforcement, housing rehabilitation, and engineering problems. The report included the right-
of-way, property lines, and amount of right-of-way needed to bring the streets and facilities in the neighborhood
to code. One of the reasons Woodlawn Park was not chosen was because some of the problems would cause major
inconvenience to those long time existing property lines and right-of-ways. The report would identify those
problems, but would not recommend solutions.
Councilmember Moore felt the meandering streets in the Woodlawn Park area should be left and the property lines
edjusted with installation of only curbs and gutters and no sidewalks if the community did not want them. He
requested the item be referred to staff with a memo from the City Manager.
Councilmember Fox stated Woodlawn Park would require a non-traditional solution and staff should not come back
with a regular plan. Something totally different needed to be done to preserve the character while still providing
some of the upgrades that were needed.
RESOLUTION 17342 OI~'FERED BY COUNCILMEMBER HORTON, reading of the text was waived.
Councilmember Rindone requested a large map of the area so that he would be clearly aware of the boundaries.
VOTE ON RESOLUTION 17342: approved unanimously.
28. RESOLUTION 17343 APPROPRIATING FUNDS, ACCEPTING BIDS, AND AWARDING
CONTRACT FOR INSTALLATION OF DRAINAGE FACILITIES IN THE CENTRAL DRAINAGE BASIN
WEST OF BROADWAY BETWEEN "G" STREET AND "I" STREET IN THE CITY (DR-116) - On 12/1/93,
sealed bids were received for "Installation of Drainage Facilities in the Central Drainage Basin West of Broadway
between "G" Street and "I" Street in the City (DR-116)." The work includes: removal and disposal of existing
improvements, excavation and grading, concrete sidewalk and driveways, various sizes of reinforced concrete
pipes, various sizes of reinforced concrete box culverts, various sizes of precast reinforced box culverts, various
drainage structures, shoring, trench paving, base curb and gutter, sewer main, sewer laterals, sewer manholes,
Minutes
December 14, 1993
Page 17
P.C.C. trapezoidal channel, tunnelling under or replacement of existing garage structure, pipe collars, plugging of
existing drainage pipes, connection of existing drainage pipes to new improvements, protection and restoration of
existing improvements, traffic control, and other miscellaneous work required by the plans. Staff recommends
Council: (1) Appropriate $293,507 from the nnappropriated balance of Fund 253 Transportation Partnership Funds
to CIP Fund 253-2530 - DR-116 Central Drainage Basin; and (2) Accept bids and award contract to T.C.
Construction Company, Inc. in the amount of $1,107,496.07 for construction of Alternate A (dual concrete
reinforced concrete pipes) and with the provision of delaying start of construction until 5/1/94. (Director of Public
Works) 4/Sth's vote required.
Councilmember Horton questioned why the low bid by T.C. Construction Company was 12.6% above the staff
estimate.
John Lippitt, Director of Public Works, responded that it was a very difficult project. It dealt with difficult sootions
of pipe, etc. Fourteen or fifteen contractors took out bids, but due to the difficulty of the job, only five contractors
turned in bids.
Councilmember Rindone questioned what the project would do to alleviate the flood problem just east of the Pep
Boys parking lot.
Mr. Lippitt responded that where the pipe went below the garages, it would be taken out and two new pipes,
probably double the current size would be placed along the driveway of the apartments. One pipe would go directly
down H Street and west of the ARCO station thereby doubling the capacity of the downstream system. If awarded,
the contractor expected to complete the temporary measures by the end of the year.
Councilmember Hotton questioned why the project was not subject to compliance with Federal and State Minority
and Women Owned Business requirements. She further questioned how staff would encourage minority business
participation.
Mr. Lippitt responded the source of funding was primarily the Charter Point account and did not come from Federal
or State funding. Advertisements were placed in publications that specialized in getting the word out to minority
businesses. Staff could provide an informational report on the actual publications.
Councilmember Moore stated compliance was not required but questioned if that meant the City did anything
different.
Mr. Lippitt stated that was correct. Under jobs where the Federal government required it there could be a
requirement for a certain amount of subcontractors be minority contractors.
Mayor Nader questioned if those requirements were met in the project even though they were not requirements.
Mr. Lippitt stated he did not believe there was a minority subcontractor.
Mayor Nader requested a list of the minority media the project was advertised in and the City's policy on prevailing
wage. He requested that his staff flag those items when received. He did not feel a need to wait to vote on the
item as it was a project of public necessity. His only disappointment was that he would have liked it to have been
done prior to the rainey season.
RESOLUTION 17343 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed
and approved unanimously.
29. REPORT GRADliNG FOR TELEGRAPH CANYON ESTATES SUBDIVISION AND
THE EI~ECT ON ADJACENT PROPERTY ON LEHIGH AVENUE - On 10/19/93, a resident on Lehigh
Avenue, adjacent to the Telegraph Canyon Estates Subdivision, expressed a concern about the grading of tho
subdivision and its effect on their property. Council directed staff to return with information on the grading. Staff
Minutes
December 14, 1993
Page 18
has discussed the grading with the resident and indicated the reasons the grading was done in the manner it was done
with the safeguards to their property. Staff recommends Council accept the report. (Director of Public Works)
Councilmember Fox questioned what the City's flexibility was in making the decision, in particular, what rights
were vested by the developer if Council went to the extreme to require re-grading.
City Attorney Booguard stated there was no development agreement and the rights were only vested after substantial
expenditure of funds were made with regard to the project. He questioned whether them had been substantial
foundation pourings.
Clifford Swanson, Deputy Public Works Director/City Engineer, responded all of the grading on the site was close
to done, he did not know the extent of completion. Some of the foundations for the models had been poured.
City Attorney Booguard stated he would have to evaluate the degree of expenditure of the developor before he could
respond.
Mr. Swanson stated the tentative map had been approved and believed the first two phases of the final map had been
apprnved. He did not believe the area in question had a map on it yet.
Councilmember Fox referred to the 12/14/93 letter from some of the homeowners and stated one of the allegations
made was that they did not receive proper notice, i.e. in laymarts terms that their view would be destroyed.
Robert Leiter, Director of Planning, stated notices were mailed at both the SPA plan level and tentative map level
which described the general design of the project, indicated the number of units, and indicated that it would be an
urban development of the entire site. There were also indications given that reports and plans describing the project -
were available for review. There was not a specific description of grading proposals on specific sites as that was )
normally presented at the public hearing and in the agenda statements.
Councilmember Fox questioned who would be responsible for the maintenance of the hill. If it was the new
property owners, he questioned if the Council had the option of putting it in an open space district for maintenance.
Mr. Swanson responded that a section was set aside as open space. The hill in question was currently shown as
private property. It could be changed to open space district so the City would maintain the slope. The entire open
space district for the subdivision would pay those costs rather than maintenance by the individual property owners.
Mayor Neder stated staff needed to confer with the City Attorney if they were not clear on what constituted vesting.
The Council may or may not have the option of making the change Councilmember Fox suggested. If that option
was available, that was a decision for the Council to make and the staff report assumed Council did not have that
option without checking to make sure. He felt Council did not have enough information to know whether they had
that option.
Councilmember Fox stated the letter also requested a dialogue between the developor, residents, and staff. It was
his understanding that had already been done.
Mr. Swanson stated one of the residents had been in to talk with staff. To his knowledge it had not been discussed
with the property owners and Baldwin.
Mr. Swanson then gave a brief slide presentation of the existing homes and grading that had been completed.
· Tim O'Grady, 11975 El Camino Real, San Diego, CA, representing The Baldwin Company, stated they
supported staff recommendation, but it appeared that things could go in another direction. The report was not made
available to him until the afternoon of the meeting and if Council chose to take action other than accepting the report
or making any modifications to the subdivision, he hoped they would be afforded some time to prepare and address
specific comments on the issue.
Minutes
December 14, 1993
Page 19
Mayor Nader felt that as a matter of due process, if Council were to entertain changes to the subdivision, it would
be agendized so they would be given an opportunity to prepare and submit comments. It appeared through no fault
of Baldwin a real hardship had been imposed on other property owners and it was going to take some remedial work
to fix. It did not seem fair that the burden should fall entirely on the Baldwin Company who acted within approved
maps and guidelines given to them by staff. He felt it could possibly be changed by eliminating some lots from the
subdivision in that particular location and adding some density to the subdivision somewhere else to compensate
Baldwin. He questioned if Baldwin would be willing to discuss that with the City.
Mr. O'Grady responded that it would be something they would be willing to talk about, but would have to
investigate as he was not certain there was room in the subdivision to do that. They were open to alternative options
and felt they had shown that in the Gotham Street extension. There was more involved than simply removing the
lots as the grade was there because there was a major water facility under that slope.
Mayor Nader stated he did not mean physical removal of the lot, he meant removal of the lot as a bulldig
entitlement under the subdivision map.
* Russ Bamill, 873 Lehigh Avenue, Chula Vista, CA, stated they had filed a report regarding the grading
of the Telegraph Canyon Estates subdivision and the effect on the adjacent properties. They received the staff repoR
on Saturday and noted they had been given a set of plans after the 10/93 meeting. He had met with staff and Mr.
O'Grady and felt he had enough information and had done his homework. He was also speaking on behalf of
several of his neighbors and felt their home values would be depreciated, their views to the east were eliminated,
and erosion problems would occur. They requested the area be regraded and lowered.
· Sylvia McMurray, 879 Lehigh Avenue, Chula Vista, CA, stated she was in opposition and would let Mr.
Barnhill speak on her behalf.
· Michael W. Mumane, 861 Lehigh Avenue, Chula Vista, CA, stated he could no longer use his swimmin~
pool because it was dirty, as was his home. He now had a thirty-thirty-five foot hill in the back of his home that
was not previously there. During the last two rainstorms he had a problem with drainage which he had never had
before. Two years ago his home was appraised at $225,000, two months ago his home was reappraised at
$185,000. The appraiser informed him that they had numerous upgrades, but property values had dropped which
would account for $20,000-$25,000 and the remainder was due to the grading behind his backyard.
· Solina M. Appel, 855 Lehigh Avenue, Chula Vista, CA, stated their view had been destroyed by the
grading.
MS (Nader) to not accept the report and direct staff to meet with the residents and Baldwin Company to
devdop a solution to the issue that would, as much as possible, provide residents abutting the devdopment
with the enjoyment of their property that they had prior to the grading that took place. He suggested that
as one option to be looked at would be to move the hill back further away from the property lines, to
diminate two or three lots from the subdivision map and compensate Baldwin for that change with a density
transfer to another port of the subdivision.
Councilmember Fox stated he would second the motion provided the option to ereate an open space district
to maintain the slope in the motion. Agreeable to the Maker of the Motion.
Councilmember Moore stated some of the slides showed there was a steep bank there to begin with. He could
support encouraging the developer to work with staff and residents to see if they could negotiate the perceived
problems, but he was not going to tell them how to do it due to his lack of knowledge. He did not want to tie the
developers hands on a map that was already approved. One of the problems was that the development was built
in a hole. He was also concerned that if there was a slope, the drainage should be caught half-way down to prevent
erosion. If the Mayor agreed that the motion was to include maximum flexibility to try to come to a consensus to
the perceived problems, he could support it.
Councilmember Fox stated the intent of the motion was not to dictate a solution, but give them flexibility in coming
up with those solutions and the Mayor's suggestion was only that, a suggestion.
Minutes
December 14, 1993
Page 20
Mayor Nader stated that was correct, it was only one solution to be looked at. He expected a report addressing the
problem and within that he wanted to give the parties all the flexibility in the world to come up with a solution they
felt was best. He questioned if there was a problem in bringing back the report on 1/11/94.
Mr. Swanson stated that with the holidays and other items scheduled in the next few weeks, staff would be more
comfortable with the end of January.
Mayor Nader stated he would accept the report at the end of January if also included within the motion, with
the Seconds consent, that staff would immediately meet with the City Attorney to determine the City~s legal
options and take any step he advised to ensure that no options were dosed during that time. Agreeable to
the Second of the Motion.
VOTE ON MOTION AS AMENDED: apprnved unaulmonsly.
30. REPORT REQUEST FOR PROPOSALS (RFP) FOR EXrERIOR ADVERTISING ON
CHULA VISTA TRANSIT (CVT) BUSES - On 9/7/93, Council approved exterior advertising on CVT buses and
directed staff to prepare a RFP to implement the ad program. The report discusses the major requirements of the
RFP. Staff recommends Council accept the report. (Director of Public Works)
Mayor Nader questioned if there was any particular reason why the contract had to provide that a copy of each
specific advertising contract had to be provided in full to the City.
William Gustafson, Transit Coordinator, responded the City would then know and ha able to track the amount of
advertising the contractor sold. It would be helpful to know how many of those advertisers had been involved, what
price the contractor was getting for the ads, and the revenue could be traced back to the source. It was probably
more essential if the City was on a percent basis and not dealing with one contractor or a specific flat rate.
Mayor Nader questioned if copies of advertising copy being provided to City staff in advance along with regular
revenue reports to the City for inspection would not also meet the intent and result in less paperwork for both the
contractor and the City.
Mr. Gustafson felt it might work and suggested that once the proposals were received staff could recommend on
how to proceed.
Mayor Nader questioned if the proposals could be due in a shorter time period after the submission conference and
then have the evaluation completed a few days earlier so a Council docket of a week or two earlier could be
eccomplished, i.e. the end of February rather than mid-March. He further questioned if there was any preference
for disadvantaged business enterprises.
Mr. Gustafson stated there was nothing specifically regarding disadvantaged or minority businesses. Criteria 3,
page 30-10 did give up to five points, on a sliding scale, for businesses that committed to advertising the local Chula
Vista businesses or services.
Mayor Nader stated he would like to see, without necessarily awarding certain points, reference that it was desirable
that disadvantaged businesses be promoted through the program.
City Attorney Boogaard felt Council was getting close to the constitutional limitations. He requested that staff b~
allowed to research that in light of recent cases.
Mayor Nader stated he did not want to delay the item any further but requested that staff look at what was
appropriate while the proposal was pending. He questioned if there was some way to put into it some ability to
consider the impact on the local economy that would result if the advertising contractor was local, i .e. tax revenues,
economic advantages that in turn resulted in tax revenues to the City. He stated there had been a referral to staff
regarding that issue and its inclusion into RFP's.
Minutes
December 14, 1993
Page 21
Councilmember Moore questioned who made the final decision regarding what would be accept~l or rejected for
advertising.
Mr. Gustafson responded that specific items were excluded. If the Transit Office or anyone at the staff level felt
that an ad was objectionable they would request that it not be put on, if the advertiser disagreed with that it would
ultimately be brought to Council. The way it was structured, if the advertisem had any doubts they should contact
staff, if they put on an ad that was objectionable, staff would contact them to have it removed and then Item D oa
page 30-11 would come into play.
Councilmember Moore referred to the correspondence from MTDB. If the City wanted to lower the aesthetics of
the buses by allowing advertising, the City should be allowed to keep the money to do something transit orienhul,
i.e. youth buses and transportation. If the City did not allow the advertising they would receive the same amount
of money if they did allow it. That verbiage should not only be sent to MTDB but also the State.
Mayor Nader requested an update on that issue as he had not seen the correspondence.
Councilmember Rindone hoped to get two other Councilmembers to agree with him and defeat the item until they
either realized there was no financial advantage to the City or the regulation was changed. He questioned if it was
a correct interpretation from MTDB that there would be a deduction from the TDA funds.
Mr. Gustafson responded his interpretation of the response was that advertising revenue from CVT buses would
be treated as additional revenue for public service on CVT and would therefore be used to decrease the City's 'IDA
4.0 funds needed for that particular year. Therefore, it would add to the City's additional pot to fund the system
for general CVT services, but the City could not earmark that advertising revenue specifically for special services.
Mayor Nader stated the letter did not say that the City would automatically have an off-set in reduction in City
funds, it stated that it only occurred if the City used it for other than Transportation Development Act purposes and
those purposes were not defined in the letter. He wanted to know whether there was a transportation purpose the
City was proposing to use it for that was outside the purpose of the Transportation Development Act. Even if tho
narrowest interpretation was correct and that it had to be spent on transportation for the whole pubtic, those fun&
received from advertising could clearly be used for general transportation purposes and then some other resources
could in turn be used for youth purposes. The letter went on to say there were two alternatives available to the City
if they wanted to use it for non-Transportation Development Act funds, one being legislation and the other that the
City could file a claim with the MTDB Board and then if they denied the claim the City could appeal that
determination to Caltrans. There were administrative remedies available. He felt the publics resources should be
used for the public good.
MS (Moore/Fox) to direct staff to prepare appropriate language to request utilization of funds that were
created by individual agencies through advertising on buses that would be allocated, retained by the cities,
and be spent on specific areas of special transportation to solve individual city probluns, such as ..... , and
forward it on to the appropriate transportation agencies.
Councilmember Fox questioned whether the intent of the motion was to delay action on the item.
Councilmember Moore felt it should be accepted and held in abeyance until a response was received.
Mayor Nader stated the letter stated the funds either had to be used for Transit Development Act purposes, which
were not defined in the letter, or there would be an off-set in the City's TDA funds.
Councilmember Rindone stated the funds went into the TDA pot in general and not in the specific Chula Vista TDA
pot.
Councilmember Fox stated when he originally voted on the item he had a different idea on what he thought they
could do with the money. He did understand that the City may not have been allowed to use it for items such as
teen transportation programs, but he did not understand that there could be an argument that it would somahow
cause an off-set. When he had voted it was to increase the pie and he was not clear that was the result. He would
Minutes
December 14, 1993
Page 22
be willing to vote on a motion to delay it for several weeks in order to be more clear on the issues. If it was not
going to cause an increase in the pie he felt it was a different situation.
Mayor Nader stated it was clear that it increased the pie, but the question was where the increase went. Did the
City get to retain it, some portion of it, or did it all go somewhere else. At the last meeting it appeared there were
uses within TDA purposes that would free up other funds that could be used for the purposes Council wanted. He
had no problem in directing staff to do whatever type of bookkeeping necessary to achieve their purposes. He
supported the motion, but did not feel the item needed to be held up. If Council found out the previous information
was wrong, there was not obligation to award a contract. The reason the proposal was originally brought forward
to Council was that certain local businessas stated they wanted the opportunity to advertise on local buses so it would
increase their sales. He felt advertising would also increase the sales tax. He questioned if the motion said they
would write the letters described or if it was included in the motion that Council had to hold up action.
Councilmember Moore stated the motion did include the report. He agreed that staff should go ahead with the RFP
and see what came back.
Councilmember RAndone stated he would vote against the motion as he had done in the past for reasons stated and
also due to the visual pollution. He would support the portion of the motion requesting clarification of the
correspondence.
Mayor Nader stated the motion on the floor was to send the letters to MTDB and to State authorities asking for
clarification and making the case that the City wanted the ability to use the funds generated from advertising in some
manner of the City's choosing, listing some of the ways the City would like to expend the funds.
VOTE ON MOTION: (Moore/Fox) approved 4-1 with Horton opposed.
MS (Nader/Fox) to accept the report and direct staff to attempt to bring it back to Council by the end of
February and to include a provision in the RFP that would allow a contractor to provide staff with
documentation other than each individual advertising contract, i.e. advanced advertising copy, revenue
statements, and opening the books for staff review.
City Attorney Boogaard stated the genesis of the requirement to receive enpies of the ads was the concern that the
City might lose revenue if the proposer placed ads and neglected to pay for them. By receiving copies of the ads
the City would know the actual amounts of revenues generated, if it was a fiat fee basis staff would have no quarrel
with a certification of summary of revenues.
Mayor Nader stated he was trying to make it less onerous by suggesting that if it was a fiat rate to the City it would
be adequate to make revenue reports and provide advance staff review of the advertising copy to make sure it met
the City standards.
Councilmember Rindone stated he would oppose the motion as he did not support the upgrade of visual pollution
in the community. He also felt it was premature to go out with the RFP before receiving a response as it would
cost staff time.
VOTE ON MOTION: approved 3-2 with Horton and Rindone opposed.
3 1 .A. REPORT CONSIDERATION OF A DRAFt WORK PROGRAM FOR THE SPHERE
OF INFLUENCE UPDATE STUDY - Pursuant to provisions of State law, and the policies of the San Diego Local
Agency Formation Commission (LAFCO), on 7/12/93, LAFCO unanimously approved commencement of a
comprehensive study of the City's Sphere of Influence. Now that the study has been authorized, the City, in
cooperation with LAFCO, must prepare a work program and time table for the study. Staff recommends Council:
(1) Accept the Draft Work Program; (2) Instruct staff to conduct a public forum to solicit input/comments on the
Draft Work Program, and return to Council with a Final Work Program in January 1994; and (3) Authorize the
issuance of the Request for Proposals (RFP) to qualified firms for preparation of a Supplemental Environmental
Impact Report for the Sphere of Influence Update Study. (Director of planning)
Minut~
December 14, 1993
Page 23
B. REPORT CONSIDERATION OF THE ISSUANCE OF A REQUEST FOR
PROPOSALS (RFP) TO QUALIFIED FIRMS FOR PREPARATION OF A SUPPLEMENTAL EIR FOR
THE SPHERE OF INFLUENCE UPDATE STUDY
Robert Leiter, Director of Planning, stated the agenda heading showed a B item which was an RFP for the
environmental impact report which was not included in the fmal staff report and should not be considered as pafi
of Council's action.
· Kim Kilkenny, 11975 El Camino Real, San Diego, CA, representing the Baldwin Company, stated they
supported the staff recommendation.
MSUC (Moore/Nader) to accept the staff recommendation.
MSUC (Nader/P. indone) to finish up Items 7, 20, 32, 34c, and Closed Session items and anything from tl~
Redevelopmerit Agency Agenda that did not get pulled plus items 9 and 10.
City Attorney Boogaard stated all items listed for Closed Session needed to be discussed.
32. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral repoa will be
given by staff.
George Krempl, Deputy City Manager, informed Council staff had been in attendance at the County Board of
Supervisors meeting on 12/14/93 where they were discussing some modifications to the Solid Waste Enterprise Fund
budget and contemplating using the $3.3 million for the Flare System at inactive landfill sites. Staff had asked them
to defer that decision after Thursdays Interim Solid Waste Commission meeting because Chula Vista would be
making a presentation at that time on facility and mitigation fees which could be in consideration for use of some
of the $3,3 million. They did not favor the request and adopted the changes and amendments to the budget
including earmarking the $3.3 million for the Flare System. Their rationale was the Flare System was State
mandated. They seemed to be in agreement that the cities were entitled to facility and mitigation fees, but disagreed
as to whether the agreement stipulated when they had to be paid. It was their position that they could delay the
start-up of the those fees until the next fiscal year.
City Attorney Boogaard stated it was subject matter of a Closed Session that he needed to discuss with Council.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 6, 7, and 20. The minutes will reflect the published agenda order.
OTHER BUSINESS
33. CITY MANAGER'S REPORT(S) - None
34. MAYOR'S REPORT(S)
34a. Enforcement of graffiti abatement. Continued to the meeting of 1/04/94.
34b. Ratification of appointment: Jorge F. Castillo - Cultural Arts Commission. Continued to the meeting
of 1/04/94.
34c. Authorization for the City Manager to withdraw from Special Act District if interim extension agreements
are not properly executed before 12/20/93.
Minutes
December 14, 1993
Page 24
RESOLUTION 17344 TO WITHDRAW FROM MEMBERSHH' IN THE SAN DIEGO AREA
WASTEWATER MANAGEMENT DISTRICT
Mayor Nader distributed Resolution 17344 which would take effect only if two things happened: 1) either the other
members of the district failed to ratify the agreement as approved by Council which extended the deadline for
withdrawal without penalty; or 2) that the delegates or the City Manager determined them was an eminent threat
that the district was about to commit to district-wide funding for improvements in excess of the obligations included
in the sewage disposal agreements described in Section 401 of the Act, or assumed debt. He felt it was a way for
the City to protect itself.
RESOLUTION 17344 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
34d. Reconsideration of San Diego Wal-Mart lawsuit settlement. Continued from the meeting of 12/7/93.
Continued to the meeting of 1/04/94.
35. COUNCIL COMMENTS
Councilman Robert Fox
35a. Strategies for obtaining regional cooperation toward capitalizing on NAFTA opportunities. Continued to
the meeting of 1/04/94.
Councilman Jerry Rindone
35b. Appointment to MTDB Executive Committee. Councilmember Rindone stated he had been appointed to
the MTDB Executive Committee and would represent Chula Vista.
******
City Attorney Boogaard requested permission to discuss in Closed Session, as a late item, the claim of Christopher
vs. the City of Chula Vista.
MSUC eqader/Moore) to declare an urgency to hear the claim of Christopher vs. the City of Chula Vista in
Closed Session as it was filed after the posting of the agenda.
* * * * * * Council recessed at 12:05 p.m. and reconvened at 1:24 a.m. * * * * * *
City Manager Goss stated staff was asking for a range of $35,000 to $50,000 transferred from the Library
to the Finance Deparhuent.
MINUTE ACTION: (Herton/Moore) to transfer up to $50,1)00 to the Finance Depa~ h~ent from the Library.
Approved 4-1 with Nader opposed.
The City Council reconvened at 12:05 a.m. in a closed session immediately following the Council meeting to
discass:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers OVCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 12/7/93.
Pending and potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs.
the County of San Diego and Aptec. Continued from the meeting of 12/7/93.
Minutes
December 14, 1993
Page 25
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. San Diego Palm
Plaza Project. Continued from the meeting of 12/7/93.
Pending litigation pursuant to Government Code Section 54956.9 - Authorizing to retain outside counsel -
Chapanal Greens.
Pending litigation pursuant to Government Code Section 54956.9 - Clifton vs. the City of Chula Vista.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San
Diego regarding tipping fee surcharge.
Pursuant to Government Code Section 54957 - Evaluation of performance of personnel.
ADJOURNMENT AT 1:29 A.M. to the Regular City Council Meeting on January 4, 1994 at 4:00 p.m. in the City
Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at p.m. and adjourned at p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: .. \,~',~ -. ~,~t~'~ ~ '.i""
Vicki C. Soderquist, Deputy City Clerk